Posted: June 25th, 2012
An insurance company has been order to pay aggravated damages for a whiplash claim after it failed to pursue accusations of collusion against the defendant, James O’Sullivan of Clane, Co Kildare. Insurance company AXA had claimed that O’Sullivan had colluded with a defence witness to extract compensation from the company.
O’Sullivan’s taxi had been rear-ended by Gary Reilly, of Ballyfermot, Co Dublin, who later swore an affidavit concerning the accident. Reilly rear-ended O’Sullivan’s taxi in Eirhouse, Co Dublin on September 27, 2008.
Mr Justice Matthew Deery ordered AXA to pay €3,000 in aggravated damages for a whiplash claim to O’Sullivan after they failed to pursue the accusation, in addition to €7,750 for the whiplash injury.